THE HON’BLE SRI JUSTICE PULLA KARTHIK

ORDER:

Seeking to call for the records pertaining to award passed by the Labour Court-II, Hyderabad, in I.D.No.18 of 2014 dated 02.02.2017 and to set aside the same, the present writ petition is filed.

2. The case of the petitioner is that he was appointed as a conductor in the respondent Corporation in the year 2009 and his services were regularized in the year 2012. Further, while performing his duties on route Bidar to Nizamabad on 17.01.2013, a check was exercised by the checking officials at stage No.33, HES:ZHB, during the course of which, it was alleged that the petitioner had committed certain cash and ticket irregularities, that the petitioner had collected Rs.174/- towards requisite fare of each Rs.87/- at the boarding point itself from the two passengers bound for Bodhan and issued used tickets and closed the STAR book. Thereafter, the respondents issued a charge memo, framing seven charges against the petitioner. In response, the petitioner submitted his explanation denying the charges, stating that on the same day, he had remitted the bus cash of Rs.8,969/- against the target of Rs.8,297/-, which clearly proves his hard and honest collection in the interest of the respondent Corporation, and that he had always maintained the best EPK and best attendance in every month. However, without considering his explanation, the respondent authorities issued a suspension order and nominated the Assistant Manager (T), Nizamabad, as the enquiry officer, to conduct an enquiry into the charges leveled against the petitioner. Accordingly, an enquiry was conducted and the enquiry officer submitted his report, holding the petitioner as guilty of the charges leveled against him, and relying on the said report, respondent No.4 issued proceedings dated 08.04.2013, imposing upon the petitioner a major penalty of removal from service, which was confirmed in the appeal and revision vide orders dated 09.05.2013 and 03.07.2013 respectively. Moreover, the mercy petition filed by the petitioner herein was also dismissed on 30.10.2013. Assailing his removal order, the petitioner filed I.D.No.18 of 2014 before respondent No.5, seeking reinstatement with all consequential benefits, but the said I.D. was dismissed vide award dated 09.01.2017. Hence, the present writ petition.

3. Heard Smt. Parimala Parigi, learned counsel, representing Sri G. Shankar, learned counsel for the petitioner and Sri R. Anurag, learned Standing Counsel appearing for the respondents.

4. Learned counsel for the petitioner contended that the Labour Court has grossly erred in not taking into account the explanation submitted by the petitioner, wherein, he has categorically stated that the missed ticket was issued to another passenger who got down before his arriving at the destination and the wrong punch was done unintentionally purely by mistake, but not mala fidely, and passed the award perversely based on one-sided enquiry findings of the enquiry officer. It was further contended that it is an undisputed fact that the petitioner has issued the correct value of tickets, i.e., Rs.174/- (Rs.87/- each for two passengers), which was also tallied with the denomination of tickets issued, and there is no cash and ticket irregularity. Hence, the allegation of re-issuance of one ticket is incorrect. It was further contended that the Labour Court, being an adjudicating authority of factual issues, has the authority to exercise its discretionary power, but it has failed to exercise its power conferred upon it under Section 11-A of the Industrial Disputes Act, 1947, and failed to consider that the respondents have not proved the allegations leveled against the petitioner. Therefore, the impugned award is illegal, arbitrary, mala fide and against the Service Regulations of the respondent Corporation. Therefore, it was prayed to pass necessary orders in the present writ petition.

5. Per contra, learned Standing Counsel for the respondents submitted t